INCOME TAX ASSESSMENT ACT 1997
A part of capital works, other than a * hotel building or an * apartment building, is taken not to be used for the * purpose of producing assessable income if that part is for use mainly for, or in association with, residential accommodation by you or an * associate.
This subsection affects Tables 43-140 and 43-145 .43-170(2)
Subsection (1) does not apply to use by an * associate under an * arrangement:
(a) to which you and the associate are parties; and
(b) that is of a kind that the parties could reasonably be expected to have entered into if they had been dealing with each other at *arm's length; and
(c) that was not entered into for the purpose of obtaining a deduction under this Division.
If property that constitutes the whole or part of capital works, other than a * hotel building or an * apartment building, is part of an individual's home, the property is taken to be used, or for use, wholly or mainly for or in association with residential accommodation.
This subsection affects Tables 43-90 and 43-140 .
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